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Workplace Nurseries and Tax Relief: Why Employers Should Check the Detail
Certain conditions need to be me for workplace childcare to be considered a tax-free benefit for employees.
With P11d preparation season in full swing, one employee benefit is prompting some questions, workplace nurseries.
Workplace childcare can be a valuable benefit for employees, and in the right circumstances it can also be provided in a tax-efficient way. However, HMRC has tightened its focus on workplace childcare tax benefits, so employers should be cautious about relying on promises made by providers without checking that the relevant conditions are genuinely met.
This is an active area of enquiry, and getting the structure wrong could mean that what was expected to be a tax-free benefit becomes taxable for employees, with National Insurance implications as well.
The Workplace Nursery Exemption
There is an exemption from income tax and National Insurance contributions where an employee receives the benefit of a qualifying workplace nursery. In simple terms, this means that access to the childcare provision is not treated as an income-equivalent benefit for the employee.
To qualify, four sets of conditions must be met.
| Condition A: The Child Must Qualify
|
The child must be connected to the employee in one of the required ways. This includes a child or stepchild who is financially maintained by the employee, a child who lives with the employee, or a child for whom the employee has parental responsibility.
For these purposes, there is also an age restriction to be deemed a child |
| Condition B: The Premises Must Qualify
|
The childcare must not be provided in a private dwelling. The premises used for the nursery must also meet the relevant childcare registration requirements.
This condition is designed to ensure that the exemption applies to properly established childcare provision, rather than informal or domestic arrangements. |
| Condition C: The Employer Must Be Properly Involved
|
This is often the condition that requires the closest attention.
The premises must be made available by the employer, either alone or in partnership with others. The employer must have real input into, and responsibility for, the management of the childcare provision. For example, the employer should be involved in areas such as appointing and monitoring those who look after the children, determining the extent of the care provided, and setting the terms and conditions under which that care is delivered. What will not usually be enough is simply buying places at a commercial nursery. HMRC expects the employer to have genuine responsibility and control, rather than merely funding nursery places for employees. |
| Condition D: The Scheme Must Be Open to Employees Generally
|
The workplace nursery scheme must be open to employees generally. In other words, it should not be reserved for a select group of employees, such as directors or senior staff only.
That does not mean every employee must be guaranteed a place. A waiting list is acceptable if demand exceeds the number of available nursery spaces. However, the scheme should be offered fairly and on equal terms. |
Salary Sacrifice and Minimum Wage
Where workplace nursery provision is offered through salary sacrifice, employers must also remember that employees cannot sacrifice salary to a level below the National Minimum Wage.
This is a separate compliance point but an important one. Even where the childcare arrangement itself qualifies for the tax exemption, the salary sacrifice structure must still be operated correctly.
Final Thoughts
Workplace nursery provision can be an attractive and tax-efficient employee benefit, but the conditions must be carefully reviewed. HMRC is paying closer attention to arrangements that appear, in substance, to be little more than funded places at commercial nurseries.
Employers should therefore check that they have real involvement in the nursery provision, that the scheme is available fairly to employees, and that any salary sacrifice arrangements are compliant with minimum wage rules.
Where the employer is genuinely providing and managing the nursery provision, the exemption may be available.
Key information +-
THE AUTHOR
Sarah Messruther
Senior Manager, Mixed Tax
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